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FCASV
Newsletter • Winter 2008 (Continued from page 1)
“If you tell your parents about this, they
won’t love you any more.”
“You are such a bad boy; I don’t know why you
make me do these things.
I really shouldn’t, but you are so cute I can’t
stop.”
“Don’t tell your dad. This is our special time
and he won’t understand. This is just between us.
If you tell him what you and Mommy do, he will be mad.”
“You are such a stud, I can’t stay away. I know
you are too young for me, but I love you so much it makes
it right. Don’t tell any one about this, because they
won’t understand.
You have really swept me off my feet.”
For many boys, lies such as those above are a steady diet
from a trusted adult who is abusing them. Often the abuse
goes on for years because the child and the other adults in
the child’s life trust the abuser. Not only can these
lies cause the child to suffer through years of being abused,
it can also lead to years of isolation in adulthood. Reality,
for the victim, has become that you cannot get too close to
people because you are ultimately bad and will cause them
to do things that will hurt you. You can never deal with the
pain in your life; because if you tell, no one will believe
you or they will be angry with you.
Belief in these lies can push men
to lead lives that keep them carefully “protected”
from friendship and being known. There is a feeling that “If
they really knew me, they wouldn’t like me." So
survivors will cautiously stay on the sidelines of life feeling
that they really don’t or can’t fit in anywhere.
They don’t know anyone else who has been through the
abuse they have endured. So they think they are the only one
and keep the abuse a secret. They pretend it doesn’t
affect them and keep pushing the pain down.
But the pain won’t be ignored
and repressed forever. It will find an outlet. Some outlets
may be socially acceptable and others are not. There are the
over-achievers that keep pushing to prove to themselves that
they really aren’t the horrible people that made all
those bad things happen to them. The rescuers who are always
finding people who need to be saved, as they wish someone
would have done for them. There are also those who become
addicted to drugs, alcohol, work or sex as a way of numbing
the pain. Finally, there are those who become so desperate
that they are willing to face what they see as painful consequences
and seek help to deal with the pain.
Like many other survivors, I finally
sought help in my late 30s. I sought help in the form of individual
therapy, which was very effective in helping me deal with
some of the effects of the abuse, but I still felt like a
rarity in life. Even though, through researching about male
sexual abuse, I discovered that one in six (over 15%) of men
have been sexually abused at some time in their lives, I had
never met anyone else who had been abused. I was chatting
and posting online at MaleSurvivor.org
and I did find that helped break the feeling of being alone.
But the largely unknown person at the end of a network cable
is not really a friend. I still find these internet contacts
helpful, but no matter how much comfort and encouragement
you receive on line it cannot replace being face to face with
someone.
I learned about the Male
Survivor Weekend of Recovery Program where survivors meet
with a team of therapists for a three-day time of dealing
with the effects of the abuse and learning tools and strategies
for life. One of the unexpected benefits of my first weekend
was discovering what it felt like to not feel different from
other men around me. I had finally found a place where I felt
like I was part of a community of men. I had at times felt
that way in groups of women, but this was the first time I
ever remembered feeling I belonged in a group of men. It was
wonderful, but leaving and returning home I now knew I was
missing this in my life. Although I had experienced it for
a weekend, I had no skills to relate to other men in my life
in this new (for me) way.
Following the second Weekend of
Recovery, I decided I wanted this feeling of belonging in
my daily life. I began looking for a group of other male survivors
of sexual abuse in my hometown were I could learn and practice
the skills of being a man among men. I looked for such groups
in the local healthcare and self help communities and they
did not exist. I then decided I would start my own group.
I placed an ad in the local newspaper, waiting for the one
in six to contact me and get together. I waited and waited.
Although I had learned the value and joy of moving away from
my isolation, there was not a group of other survivors ready
to take that risk. I received phone calls from other survivors,
but for about 16 months, none of them were wiling to meet.
Finally three of us got together and launched our peer support
group for male survivors of sexual abuse.
We have been meeting for more than
three years now. New men continue to join us and other groups
are starting around the United States. Some of the lessons
I have learned from being with these courageous men are:
• I am not the only one this has ever happened
to.
• Other men struggle with the same issues I face.
• My perpetrator lied to me about many things.
• Believing those lies continued to cause me pain in
my life, long after the abuse had ended.
• It is possible to be a survivor and have a happy and
healthy life.
One of my goals now is to speak
out about my abuse. Unfortunately, boys and men continue to
be abused and assaulted. I hope that by speaking out, others
will seek the help they need without waiting. It is only by
letting survivors know that they are not to blame and that
people will continue to love and respect them, that they will
leave the painful security of their isolation. Healing occurs
by allowing other people to be part of your life. That is
a lesson I continue to learn and to share with others.
Men can be very hesitant to seek
help for issues such as sexual abuse and assault, because
of that many people feel it is a small problem. As with female
victims, this is a very underreported crime. The estimate
of one in six is probably a low one. For these reasons, the
number of resources available to male survivors is very limited.
What
can others do to help men and boys recover from the sexual
abuse?
• Rape Crisis centers should be sure their volunteers
are trained in working with male survivors.
• Rape Crisis centers should have male survivor groups
available. Although most victims have not themselves been
perpetrators, it should be clear that the survivor groups
are for men or boys who have not abused others themselves.
These groups should not mix adult and child survivors.
• Be aware of using only female pronouns when referring
to victims and only male pronouns when referring to perpetrators.
• Include male survivors in sexual assault awareness
activities.
By bringing this issue to the same
level of awareness as female survivors of abuse, it will help
men and boys become more willing to seek the help they need.
It will also help parents and childcare workers become more
aware that not only girls, but boys need their care and protection
from sexual predators. Both sexes can and do offend and both
sexes can and are victims of abuse. Let’s keep working
for the day when neither males nor females are sexually abused.
Responding
to Subpoenas:
What You Need to Know About the Law
Katrina D. Lacy, Esq.
Legal Assistance Project Director
Generally, the communications between a victim
of sexual violence and a sexual assault counselor at a rape
crisis center are confidential and protected by state law
as private communications, also referred to as privileged
communications. The laws related to the confidentiality of
communications between a victim of sexual violence and a sexual
assault counselor are F.S.
90.5035(1)(e)(2007) (the sexual assault victim and counselor
privilege) and F.S. 90.5035(2)(2007), which also includes
records made in the course of advising, counseling or assisting
the victim.
The confidences shared between a sexual assault
victim and the advocate often involve highly personal information
which may include intimate details about the assault, perhaps
prior victimization or substance abuse issues, and the victim's
feelings about what has happened. Because victim/survivors
trust us with very private and personal information, it is
our obligation to make every effort to ensure that this information
remains private and confidential. The privilege law protects
the information the victim shares with the advocate. Thus
if the privilege is to be waived, it must be done by the victim.
This means it is always the victim’s decision when and
if to release any of her/his private information after fully
understanding the consequences of that choice. Since the information
and privilege belong to the victim, the first question we
should always ask when faced with a request for client information
is, “What does the victim want?”
Legal Privilege
Privilege laws are rules of evidence that prevent certain
confidential information from being disclosed. In general,
privilege laws protect the confidentiality of information
shared between a professional and a client, such as between
doctors and their patients and attorneys and their clients.
The law states that a sexual assault advocate cannot be forced
to share information about her/his conversations with a victim.
However, there are exceptions to this such as prior written
consent of the victim or a court order requiring an advocate
to disclose the information.
A victim has a privilege to refuse to disclose,
and to prevent any other person from disclosing, a confidential
communication made by the victim to a sexual assault counselor
or trained volunteer or, any record made in the course of
advising, counseling, or assisting the victim. Such confidential
communication or record may be disclosed only with the prior
written consent of the victim. This privilege includes any
advice given by the sexual assault counselor or trained volunteer
in the course of that relationship. F.S. 90.5035(2)(2007).
The privilege may be claimed by:
1. the victim or the victim’s attorney
on his/her behalf;
2. a guardian or conservator of the victim;
3. the personal representative of the deceased victim;
4. the sexual assault counselor or trained volunteer, but
only on behalf of the victim.
It is equally important to note that the sexual
assault victim/counselor privilege is not bulletproof and
the client’s private information may be released despite
our best efforts to protect it. Therefore, even though the
confidentiality of the communications between victim and counselor
is protected by state law and should be respected, rape crisis
centers cannot promise a client that advocates are immune
from being subpoenaed and compelled to testify.
Confidentiality of Rape Crisis Center
Records
The confidentiality of rape crisis center records
in Florida is also protected. This means that if the defense
lawyer asks for the client’s records by making a motion
in court, that information cannot be disclosed without the
victim’s consent.
Developing a Policy for Responding
to Subpoenas
It is critical that community-based
agencies develop a policy on how to deal with receiving subpoenas
so that staff and volunteers know what to do. FCASV has developed
a sample
policy to help you with this process. At a minimum, an
effective policy should address how the victim will be notified
about the request and how the subpoena will be processed and
responded to by the agency. Notifying the victim is important
and deserves thought before contacting them and simply informing
them, as it can be very upsetting to receive this information.
Well-thought-out policies will likely incorporate specific
commitments that the agency will provide the client such as
how far the agency will go to fight a subpoena.
It is important that the agency has the ability
to do what it says it will do in its policy. For example,
if your agency’s policy states that it will take every
legal action necessary to fight any and all subpoenas, then
your agency should have a plan for obtaining the legal services
to do so – such as through relationships with attorneys
who provide pro bono work for your agency or the funds to
pay for legal representation. Similarly the policy should
also address how to facilitate a client’s agreement
to have her/his information released. At a minimum, the agency
must obtain the client’s informed consent and a written
release of information.
Clients should also be informed that private
information they share with the agency will be kept confidential
and that there are also some risks of disclosure, such as
through legal proceedings or by a waiver of privilege. As
advocates, it is our responsibility to inform survivors of
the differences between agency policies regarding confidentiality
and Florida laws about privilege. Clients need to be informed
under what circumstances the advocate or agency will disclose
their information (e.g., informed consent release, court order,
etc.) and be provided with a copy of the agency’s policies.
Action Plan: Quick
Tips if You are Served with a Subpoena
1. Do not reveal any information to the person serving the
subpoena.
2. Look up the agency’s policy and follow it! (If the
policy does not answer your question, ask your supervisor).
3. Make sure that management (e.g., executive director, supervisor)
is aware of the subpoena immediately.
4. Read the subpoena:
• To whom is it directed? The program? An advocate?
• Who is asking for the information?
• What are they asking for? Testimony? Document production?
• Do you have the information? If so, how? If the requester
is successful, what information will they get?
5. What does the victim want?
• Follow the policy for notifying the victim ASAP. Don’t
panic the victim.
• Have a clear understanding of what the subpoena is
asking for and what information your agency has so you can
communicate it clearly to the victim.
• If the victim wants to release the requested information,
obtain informed consent and a signed written waiver for release
of information.
6. Document the facts:
• When was the subpoena received? How was it served?
• Document compliance with the policy (e.g., when the
victim was contacted, etc.)
7. Ask questions and seek help if you need it.
Frequently Asked Questions
What is a subpoena?
Sometimes a court or an attorney will try to order
an advocate or victim to testify about the confidential communications
between a victim and an advocate. When this happens, the sexual
assault program or victim may receive a legal document called
a “subpoena."
A subpoena is a legal document issued either
by the court or a lawyer requiring the appearance of a witness
at a court hearing, a deposition or administrative hearing.
In Florida, there are three types of subpoenas: (1) a subpoena
for testimony before the Court; (2) subpoena “duces
tecum” that requires the witness appear with documents;
and (3) subpoena for taking deposition, Rule 1.410, Fla.R.Civ.P.(2007).
How does a subpoena need to be served?
A subpoena may be served by any person who is at
least 18 years of age, by giving him or her a copy. When service
is made by any other person than an officer authorized to
serve process, proof of service shall be made by affidavit.
Rule 1.410(d), Fla.R.Civ.P. (2007).
Does the subpoena need to be signed by a judge?
No. A subpoena may also be issued by the clerk of court or
an attorney of record.
Rule 1.410(a), Fla.R.Civ.P. (2007).
Does a subpoena have to provide me with
a certain period of time before testifying or producing documents?
Rule 1.410 of the Florida Rules of Civil Procedure does not
specifically require that a subpoena provide a witness with
a certain number of days before being required to testify
at a deposition or trial. However, an individual must file
a written objection to the subpoena within 10 days after it
is served. Rule 1.410(e)(1), Fla.R.Civ.P.(2007)
Can I ignore the subpoena?
Failure to comply with a subpoena may be considered contempt
of court and can result in arrest. Rule 1.410(f), Fla.R.Civ.P.(2007).
It is not advisable to ignore a subpoena, even if you or your
agency feels it is improper or was not effectively served.
Your agency should have a policy for how to respond to a subpoena.
Often a phone call to the requesting party or a letter from
an attorney on behalf of your agency explaining the confidentiality
laws will be enough to get the subpoena withdrawn. It is also
important to always inform the victim that you have received
a subpoena (for her/his information – regardless of
whether your agency believes the subpoena is valid or enforceable).
What is a Motion to Quash?
Your agency may wish to fight the subpoena in court –
this is typically done by an attorney for your agency filing
legal documents with the court asking that the subpoena be
set aside. This is called a “motion to quash."
Generally, attorneys for your agency will argue that because
of the sexual assault counselor privilege and/or the confidentiality
of rape crisis center records, the disclosure of confidential
information required by the subpoena is not allowed. A motion
to quash can also be based on improper service, untimeliness,
improper procedure used to request the materials or a variety
of other laws that may protect the information.
What if we need an attorney to help
us fight the subpoena?
Ideally, your agency will have established a relationship
with an attorney or attorneys in your community who are willing
to offer their legal services pro bono (for free) to the rape
crisis center. If your agency has decided to fight a subpoena
in court, this is a good time to call upon those relationships,
(or create one) to obtain legal assistance.
FCASV is available to support you in
developing a policy and with legal advice should someone in
your agency be served with a subpoena. Please contact Katrina
Lacy, Legal Assistance Project Director, for more information.
Florida
Takes Action to Prevent Sexual Violence:
Department of Health Strategic Plan
Imagine a world where you could go for a walk
at midnight, no matter who you are or where you live, without
fear of sexual violence. Imagine a world where children are
not hurt and there are no internet predators to stalk them.
Imagine a world where no woman, man, or child may be sold
- or forced into sex for money.
Imagine an end to sexual
violence.
Sexual violence happens in public and private
places: in homes, workplaces, schools, and cities. We need
to stop sexual violence before it occurs. This requires understanding
what conditions and factors influence its happening. We must
create safe, healthy places and encourage respectful behavior.
Preventing sexual violence is a process with
many levels. Trying to prevent sexual violence includes trying
to change, or do away with, those things that may cause behaviors
that result in sexual violence. This means trying to reach
those persons who may commit, or have committed, acts of sexual
violence. This also means trying to reach those persons who
may have been, or may be, a victim of sexual violence. We
must also reach those people who have never been sexually
violent, or been a victim of sexual violence, but who do nothing
to help stop it (bystanders). Our efforts include reaching
out to bystanders to educate them regarding changing their
attitudes and behaviors. Prevention looks for factors that
help do away with sexual violence in at-risk populations and
in the community.
Because of health problems that sometimes result
from violence, ending sexual violence may help to lower disease
and death rates. Ending sexual violence may improve the quality
of life for many individuals and families.
In 2007, the Florida Department of Health (DOH),
Sexual Violence Prevention Program (SVPP), held meetings to
talk about how to end sexual violence. Over 120 people met
to work on a sexual violence prevention strategic plan. Participants
included Florida Council Against Sexual Violence staff, rape
crisis center advocates, therapists, and social workers. Faith-based
agency members, teachers, policy makers, and law-enforcement
officers attended, too.
These people worked together to agree on a common
vision and mission.
The Vision: To end sexual violence.
The Mission: To collaborate with and empower
organizations and individuals statewide to eliminate sexual
violence in our communities through advocacy, education and
training.
The group also decided on six goals:
1. Increase knowledge and awareness of sexual violence prevention
across the lifespan.
2. Influence social norms in support of gender equality, respect
and safety for men, women and children.
3. Advance policies that promote gender equality, respect
and safety.
4. Increase capacity to prevent sexual violence.
5. Increase funding for sexual violence prevention and intervention.
6. Improve and increase access to sexual violence prevention
and intervention data.
For each goal, there are steps that will be taken (activities)
to reach all people in Florida. There are also steps that
will be taken to reach people most at risk of becoming a victim
or a person that may become engaged in carrying out sexual
violence. There is also a goal with activities to strengthen
sexual violence prevention systems in agencies and communities.
Each community has its own sexual violence prevention activity
plan.
Each goal has objectives to see if the activities
are helping to reach the goal. Using the statewide plan there
will be a review of the progress on the goals each year. State-level
and community partners review successful activities, areas
for improvement, changes in social behaviors, and new approaches
to prevent sexual violence. These partners will continue to
make improvements and create new activities for the next year.
The Florida Sexual Violence Prevention Strategic
Plan is the result of many people working together. Over the
next five years, these people will use the plan to create
change in individuals, relationships, communities and society—keys
to preventing sexual violence in Florida.
For more information about the strategic
plan, community activity plans, contact the Department of
Health, Sexual Violence Prevention Program in Tallahassee
at 850-245-4455. Or, to find out how to become involved in
prevention efforts, call your local rape crisis center to
find out what activities are taking place in your community
to end sexual violence.
Victim
of Sexual Assault Wins Lawsuit Against Hotel Employer
A 17-year-old housekeeper who was brutally
raped at knifepoint and left for dead at a Key West hotel
two years ago won a civil suit exceeding $1 million from Hyatt
Vacation Ownership Inc. and Majestic Security Inc. The attack
occurred at nine o’clock in the morning in a hotel room
the victim had entered to clean. She was assaulted by the
rapist in the room and after the attack had to seek help on
her own while still bound and gagged.
Mark Jason Holmes, 32, was sentenced to
35 years in prison in December, but attorneys for the victim
said that was not enough. They wanted to hold him and the
hotel where the attack occurred responsible. According to
the Key West Citizen, Thomas Scolaro of Leesfield
Leighton and Partners in Miami stated that the evidence proved
the hotel had failed to provide adequate security. The victim
also named the attacker in her lawsuit but later chose not
to pursue the case in a public trial.
FCASV
Receives Grant to Provide SANE Trainings
FCASV has received a portion of Florida's Grants
to Encourage Arrest Policies and Enforcement of Protection
Orders grant award to provide four regional sexual assault
nurse examiner (SANE) trainings a year for two years and hire
a full-time SANE-SART coordinator.
There is an increasing demand for SANE training
for medical professionals across the country. Studies show
that SANEs and physicians with specialized training perform
better evidence collection, maintain chain-of-custody more
stringently and are more sensitive to victims’ needs
than non-trained medical personnel.
FCASV will offer the first SANE training in
June in Miami Beach as a component of the agency’s annual
sexual violence conference. The training will be hands-on
and skill based and meet the International Association of
Forensic Nurses standards. FCASV staff have participated in
the national SANE Training Coordinator Institute led by the
National Sexual Violence Resource Center for the past two
years, much of which has focused on training excellence for
SANEs. FCASV will draw on national experts to design and teach
this 40-hour course, providing medical professionals with
practical experience to build on when they return to their
hospitals and forensic exam centers.
The FCASV SANE-SART coordinator will also
provide ongoing training and technical assistance to Florida’s
SANE programs and community SARTs. We will be hiring for the
position in January; interested candidates should contact
Grace Frances, Director of Training and Technical Assistance
at gfrances@fcasv.org
or 888-956-7273.
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